Distinction between  Void Marriage And Violable Marriage 


No.
 Void Marriage
 Voidable marriage
1.
Meaning: A void marriage is no marriage at all. It does not exist from the very beginning.

Meaning:  A voidable marriage is one which can be avoided at the option of one of the parties to the marriage. It remains valid for all practical purposes until and unless its validity is questioned.    

2
Section: Section 11 of the Hindu marriage Act, 1955 deals with void marriage.
Section: Section 12 of the Hindu marriage Act, 1955 deals with voidable marriage.
3
Marriage does not exist in the eye of law. 
Marriage exists and continues to be valid unless it is challenged.
4
The court simply passes the decree of nullity since the marriage has no existence at all.
The court passes the decree after taking into account necessary conditions. 
5
Parties can remarry without decree of nullity from the court.
Parties cannot do so.
6
Wife cannot claim maintenance under Section 125 of Cr.P.C
Wife can claim maintenance.
7
Void marriage is void ab initio
A voidable marriage is regarded as valid until the competent court annuls it.
8
Parties to a void marriage are criminally liable.
Parties to voidable marriage are not laid down with penalty.
9
In void marriages, not only first wife but a third party who is affected can bring a suit in Civil Court for declaring such marriage void.
In voidable marriages, only the parties have right to apply for annulment of marriage.  

2 comments:

  1. If you're having a civil ceremony performed in an approved premises you won't be able to use any music that has religious references in the song at all. By this we mean, terms like: Angels, Heaven, God etc etc. So no Robbie Williams ballads.

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  2. The groom did not use to match the stature of the bride, therefore, the family of the bride was given as much money as the groom and his family could afford. This Hindu matrimony type is no more in practise and even should not have been in the earlier ages.

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